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   State Courts - Nebraska - April 14 - April 18, 2006

  
Catron v. Lewis, No. S-04-1212., SUPREME COURT OF NEBRASKA, April 14, 2006, Filed
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Overview: A grant of summary judgment against the motorboat operator in his action for damages for emotional distress stemming from his witnessing an accident that killed one of his daughter's friends was proper because the operator was not in the zone of danger and did not have an intimate familial relationship with the victim.

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Kenley v. Neth, Nos. S-04-1186, S-05-230., SUPREME COURT OF NEBRASKA, April 14, 2006, Filed
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Overview: In a case in which two motorists challenged the revocation of their driver's licenses for refusing to submit to chemical testing for the unlawful presence of alcohol or drugs, the district court erred in ruling that the provisions in Neb. Rev. Stat. § 60-498.01 violated the motorists' due process and equal protection rights.

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State ex rel. Jacob v. Bohn, No. S-04-1410., SUPREME COURT OF NEBRASKA, April 14, 2006, Filed
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Overview: In a case in which an inmate sought access to his mental health records, the district court properly dismissed the inmate's action, where he did not clearly and conclusively show under Neb. Rev. Stat. § 71-8403, Neb. Rev. Stat. § 83-178(2), or Neb. Department of Correctional Services Admin. Reg. 115.23 that he was entitled to such records.

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State v. Claycamp, No. A-05-592., NEBRASKA COURT OF APPEALS, April 18, 2006, Filed
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Overview: In an assault case, trial court committed reversible error in instructing jury not to consider either victim's conduct or the consequences of his conduct. The instruction, which could have been understood by the average juror as modifying trial court's earlier written instruction on the issue of self-defense, violated Neb. Rev. Stat. § 25-1115.

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State v. Haas, No. A-05-804., NEBRASKA COURT OF APPEALS, April 18, 2006, Filed
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Overview: Trial court did not err in overruling defendant's motion to present testimony regarding the victims' sexual activity with their boyfriends, because the assertion that the victims might be pregnant was insufficient to fit within the exception under Neb. Rev. Stat. § 28-321(2)(a).

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State v. Head, No. A-05-745., NEBRASKA COURT OF APPEALS, April 18, 2006, Filed
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Overview: Motion to quash was vacated because the district court should not have attempted to exercise its judicial power by issuing an advisory opinion concerning the admissibility of defendant's prior DUI convictions as prior convictions for the purposes of enhancement when her guilt regarding the underlying DUI offense had not yet been determined.

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